coastalcph/lex_glue huggingface dataset:
5.  The applicant was born in 1942 and lives in Kamna Gorica.
6.  The applicant served his prison sentence in the closed and semi-open sections of Ljubljana prison.
7.  In the period from 7 June 2009 to 31 August 2009 he was held in the closed section: for five days in cell 117, measuring 17.66 square metres (not including a separate 1.68 square metre sanitary facility) shared with three to five other inmates and with 2.66 to 3.99 square metres of personal space and for eighty-one days in cell 7 measuring 16.7 square metres (not including a separate 1.68 square metre sanitary facility). The Government submitted that in cell 7 the number of prisoners varied between three and five and when there were three prisoners therein the applicant had 5 square metres of personal space.
8.  In the period between 1 September 2009 and 12 November 2009 he was held in the semi-open section in cell 137, measuring 17.94 square metres (not including a separate 1.75 square metre sanitary facility) shared with two to four other inmates and with 3.2 to 5.4 square metres of personal space and cell 136, measuring 18.44 square metres (not including a separate 1.78 square metre sanitary facility) shared with two to four other inmates and with 3.3 to 5.6 square metres of personal space.
9.  As regards the general characteristics of the cells in the closed and semi-open sections, material conditions inside the cells, sanitary conditions and health care, see the judgment in Štrucl and Others v. Slovenia, nos. 5903/10, 6003/10 and 6544/10, §§ 21 to 32, 20 October 2011.
10.  As to the out-of-cell time in the closed section, the Court found in the aforementioned judgment that sentenced prisoners in the closed section of the prison were locked up in their cells and were only able to leave them if they applied for certain activities, most of which were to take place in the recreation room. There was, however, only one 50‑square-metre recreation room per floor, which was to be used by ten inmates at most (Štrucl and Others § 86).
11.  As to the out-of-cell time in the semi-open section, the Government submitted that the cell doors in the semi-open section of the prison were unlocked, except from 9.45 p.m. (on Fridays, Saturdays and before holidays from midnight) until 6.00 a.m. (on Saturdays, Sundays and during holidays until 8.30 a.m.). During this time prisoners could move freely in the corridor (35.7 square metres), living quarters of co-prisoners or in the indoor or outdoor exercise areas, in accordance with prison rules. The Government contended that this regime had been in place for several years.
12.  As regards the cell temperature, the data provided by the Government showed that the average temperature in the cells in the late afternoon (5- 5.30 p.m.) in the second half of July and August 2009 had been approximately 28oC, exceeding 30oC on seven days.
4.  The applicant was born in 1984.
5.  On 15 October 2009 he was arrested by the Darnytskyy District Police Department of Kyiv on suspicion of having committed a robbery in aggravated circumstances. On the same day he was charged with that crime.
6.  On 16 October 2009 the Darnytskyy District Court of Kyiv (“the Darnytskyy Court”) ordered the applicant’s pre-trial detention for two months.
7.  On 10 November 2009 the applicant was also charged with murder.
8.  On 10 December 2009 the Darnytskyy Court extended the applicant’s pre-trial detention to three months, namely to 15 January 2010.
9.  On 13 January 2010 the Darnytskyy Court extended the applicant’s pre-trial detention to four months, namely to 15 February 2010.
10.  On 13 February 2010 the case was referred to the Kyiv Court of Appeal for consideration on the merits.
11.  On 15 March 2010 the Kyiv Court of Appeal held a preliminary hearing in the case and ordered, inter alia, that the preventive measure in respect of the applicant should be left unchanged.
12.  On 14 April 2011 the Kyiv Court of Appeal found the applicant guilty of robbery and murder. It convicted him to fourteen years’ imprisonment and ordered the confiscation of his property.
13.  On 13 September 2011 the Higher Specialised Court for Civil and Criminal Matters quashed the judgment and remitted the case for a fresh trial.
14.  On 24 December 2013 the applicant was found guilty of robbery and murder and sentenced to twelve years’ imprisonment. The court also ordered the confiscation of the applicant’s property.
15.  The applicant lodged an appeal. No further information was provided.
4.  The applicants were born in 1964, 1958, 1993, 1997, 1997, 2000, 1998, 1994, 1990 and 1989 respectively and live in Batman.
5.  On 26 June 2005, the first two applicants’ son and the other applicants’ brother, A.O., aged fourteen at the time, went into Batman Stream to swim and subsequently drowned.
6.  According to the applicants, the uncontrolled draining of sand from Batman Stream of Dicle River changed the stream’s ecological balance. Eventually, holes and vortexes which occurred as a result of uncontrolled sand drain allegedly contributed to A. O.’s drowning.
7.  Criminal proceedings where initiated against the Beysan joint stock company (“the company”), which was conducting the sand mining business at the time of events, and the Batman Governor’s office which issued the necessary permits to run the sand mine. On 5 March 2005, the criminal proceedings before the Batman public prosecutor’s office concluded with a decision not to prosecute. On 12 March 2006, the first applicant appealed against the non-prosecution decision. However, on 19 March 2007 his appeal request was also rejected by the Batman Assize Court.
8.  While the criminal proceedings were pending, the first applicant requested the determination of evidence from the Batman Magistrates’ Court into the incident which led to A.O.’s death. Two expert reports were issued following the scene investigation, conducted by the Batman Magistrates’ Court on 8 July 2005. According to the expert reports, it was stated that the uncontrolled sand draining from Batman Stream changed the natural flow of the water and caused artificial holes and vortexes which amounted to three meters in depth in some parts. Despite these dangers, there were no warning signs.
9.  On 27 July 2005 the applicants being convinced that the failure of the authorities and the company to take necessary safety measures to protect A.O.’s right to life, applied to the civil court of first instance with a compensation request. They sought a total of 75,000 Turkish liras (TRY) (46,500 euros (EUR) at the time) in compensation for both pecuniary and non-pecuniary damages.
10.  The applicants also requested legal aid for the court fees. On 15 August 2005, the Batman Civil Court of First Instance ordered the Security Directorate in Batman to investigate the economical means of the applicants. According to the report submitted by the Security Directorate, it was revealed that the applicants were unemployed and lived on state benefits and help from their neighbours. Nevertheless, the trial court rejected the applicants’ legal aid request on the basis of Sıddık Onar, the father of the deceased’s, age and his ability to work.
11.  On 1 December 2006 the trial court notified the applicants that they were required to pay a court fee of TRY 214.76 (approximately EUR 115) within ten days in order to continue the proceedings and that the proceedings would be discontinued if they failed to do so.
12.  On 29 December 2006 the Batman Civil Court of First Instance decided to discontinue the proceedings as the applicants had not paid the court fees.
5.  The applicant was born in 1952 and lives in Chişinău. At the time of the events he was an academic and member of the Moldovan Academy of Science.
6.  On 21 July 2009 the applicant was arrested and charged with the offence of producing and putting into circulation counterfeit money. Since then he has remained remanded in custody pending criminal investigation and trial. The detention warrants were prolonged every month initially and every three months once the case had reached the Ialoveni District Court. Each time the reasons given for the detention were that the applicant had been accused of a serious offence punishable with imprisonment of up to fifteen years, that the criminal case was complex and that, if released, he might interfere with the investigation or collude with other co-accused, or abscond or reoffend.
7.  The last two extensions of the applicant’s detention before the lodging of the present application took place on unspecified dates in May and August 2011. The applicant argued that there was no risk of his interfering with the investigation since all the witnesses and the parties to the proceedings had already been heard and all the evidence had been examined by the court. He also submitted that there were no reasons to believe that he would abscond or re-offend and agreed to be placed under house arrest if he could not be released. The applicant also argued that according to Article 186 § 8, once the case had been referred to a court, the detention could not last longer than six months, other than in exceptional cases.
8.  The Ialoveni District Court dismissed the applicant’s arguments and, relying on the same grounds as before, extended his detention for a further three months. The court stated that the case was exceptional within the meaning of Article 186 § 9 of the Code of Criminal Procedure. The decisions of May and August 2011 contain similar wording. The applicant’s appeals against them were rejected by the Court of Appeal.
9.  On 30 January 2012 the applicant was convicted and sentenced to twelve years’ imprisonment. His appeal was dismissed by the Court of Appeal on 10 April 2013 and the Court has not been informed about the proceedings before the Supreme Court of Justice.
5.  The facts of the case as submitted by the parties may be summarised as follows.
6.  On 28 April 1995 the applicant company filed a civil suit against S.M. (“the debtor”) for the payment of debt. On 2 February 2005 the Commercial Court (Trgovinski sud) in Leskovac ordered the debtor to pay to the applicant 6,590 Serbian dinars (RSD), which was approximately 82 euros (EUR) at the time of the delivery of the judgment, plus statutory default interest on account of the debt and RSD 92,442 (approximately EUR 1,154) for the costs of the civil proceedings. By 15 September 2005 this judgment became both final and enforceable.
7.  On 24 October 2005 the applicant company filed with the Municipal Court (Opštinski sud) in Leskovac a request for the enforcement of the Commercial Court judgment by means of an inventory, valuation and sale of the debtor’s movable assets. On 26 October 2005 the Municipal Court issued an enforcement order. On 9 December 2005 the enforcement order was upheld on appeal.
8.  On 16 March 2006 the bailiff made an inventory of certain movable assets found on the debtor. On 30 March 2006 the said property was seized. On 28 April 2006 the debtor sought return of the seized property, alleging that it belonged to a third person and offering other assets in its stead. On the same day the seized property was returned to the debtor, although no replacement assets were seized.
9.  In the period from 20 July 2006 to 28 May 2007 the bailiff visited the debtor’s house and business premises six times, but no further attempts were ever made to make an inventory of her movable assets.
10.  In the meantime, on 6 and 20 February, 2 October and 21 November 2006 the applicant company filed complaints about the delay in the enforcement proceedings with the Presidents of the Municipal, District and Supreme Courts, the Supreme Court’s Supervisory Board, the Supreme Council and the Ministry of Justice. On 25 October 2007 the Supreme Court’s Supervisory Board found that the impugned enforcement proceedings were excessively long and ordered their prompt completion.
11.  On 15 November 2007 the applicant company filed a request for a change of means of enforcement in view of the failure of the authorities to enforce the judgment on the debtor’s movable assets. It proposed that the enforcement be carried out by means of seizure and sale of a family house registered in the name of the debtor’s husband. On 13 February 2008 the Municipal Court rejected the applicant company’s request and referred it to institute civil proceedings for determination of the debtor’s part in the family house in question. On 18 August 2008 this decision was upheld on appeal.
12.  Since the applicant company’s request for a change of means of enforcement was rejected, the enforcement order of 26 October 2005 remained in force. No further steps were ever made to enforce that order.
5.  All the applicants were employed by Raketa-Putnički Saobraćaj AD, a company based in Užice (hereinafter – “the debtor”).
6.  Since the debtor had failed to fulfil its obligations toward its employees, the applicants brought numerous separate civil claims, seeking payment of salary arrears and various social security contributions.
7.  The applicants obtained final court decisions ordering the debtor to pay them certain sums. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
8.  On 12 July 2010 the Užice Commercial Court opened insolvency proceedings in respect of the debtor. As a result, all of the ongoing enforcement proceedings against the debtor were stayed.
9.  That decision was posted on the Užice Commercial Court’s notice board on the same date. It was also published in the Official Gazette of the Republic of Serbia on 4 August 2010.
10.  The applicants duly reported their respective claims based on the above-mentioned court decisions to the insolvency administration.
11.  The court examined the reported claims at hearings held on 30 September 2010, 30 November 2010, 31 January 2011, 16 March 2011, 28 April 2011 and 8 June 2011.
12.  On 8 June 2011 the court partially accepted the applicants’ claims.
13.  On 17 April 2012 some of the debtor’s property was sold. The remaining assets were advertised for sale in the newspapers and a public auction was scheduled for 29 June 2012. It is not known whether any assets were sold at that auction.
14.  The insolvency proceedings in respect of the debtor are still ongoing.
15.  On 30 December 2002 the debtor was privatised.
16.  On 17 July 2007 the privatisation was annulled because the buyer in question had failed to fulfil his contractual obligations.
17.  Following the annulment of the debtor’s privatisation the State owned 58.18% of shares in the debtor.
18.  On 11 December 2008 the State sold its shares to a private company.
6.  The applicant was born in 1957 and lives in Yoshkar‑Ola, the Mari‑El Republic.
7.  The applicant, a military serviceman at the material time, was dismissed from military service on 28 October 1999. He challenged in court his superior’s orders related to the dismissal.
8.  On 22 February 2001 the 101st Garrison Military Court, referring inter alia to Article 239.7 of the Code of Civil Procedure of the R.S.F.S.R. (see paragraph 12 below), allowed the applicant’s challenge of his dismissal from military service in part. The court annulled the respective orders of the commander of the military unit no. 69795 and obliged the commander to change the date of the applicant’s dismissal to 6 March 2000 and to pay him all the allowances due over the period between 28 October 1999 and 6 March 2000 without listing them. The court specified that the allowances were to be calculated in accordance with the instructions and rates applicable on the date of the actual payment. It further ordered the military unit to reimburse the applicant’s legal expenses in the amount of 212.52 Russian roubles (RUB). The court rejected the remainder of the claims as unfounded. The respondent was represented at the court room.
9.  On 25 May 2001 the judgment was upheld on appeal by the 3rd Garrison Military Court and entered into force.
10.  On several occasions, notably on 11 June, 20 July and 29 August 2001 and on 4 March and 22 June 2002, the applicant sent complaints to various authorities arguing that the above–mentioned judgments in his favour had been unfair. On 20 July 2001 and 4 March 2002 he requested the Presidium of the Supreme Court of Russia to quash those judgments by way of supervisory review and to suspend their execution. On 22 June 2002 he submitted, in his complaint to the Constitutional Court, that the judicial award had not been enforced.
11.  On 8 July 2008 the amounts awarded were paid to the applicant in part. According to the Government, on 16 January 2009 the judgment was enforced in full.
4.  The applicant was born in 1976 and lives in Kemerovo.
5.  On 1 March 2008 the applicant was arrested on suspicion of causing grievous bodily injuries to Mr K. On 3 March 2008 the Tsentralnyy District Court of Kemerovo remanded him in custody.
6.  On 10 October 2008 the applicant and other persons were charged with running of a criminal syndicate, extortion and other offences. On 18 March 2010 the case was sent for trial to the Kemerovo Regional Court.
7.  On 28 May 2013 the Kemerovo Regional Court, further to a verdict by a jury, found the applicant guilty and sentenced him to six years’ imprisonment.
8.  On 11 February 2014 the Supreme Court of the Russian Federation quashed the conviction and remitted the case for a new trial. It decided that the applicant should stay in custody:
“Zavorin, P[.], K[.], Sp[.] and Sl[.] stand accused of serious and particularly serious offences. Having regard to the gravity of the charges and the information on their character which is available in the case materials, the court considers that the grounds listed in paragraph 1 of Article 97 of the Code of Criminal Procedure are present. The information about the case, taken in its entirety, gives reason to consider that, if the above individuals were to be released from custody, they might abscond and thereby prevent the case from being examined within a reasonable time (the time the proceedings before the first-instance court have already taken should not be discounted) or they might influence the witnesses or victims. Under these circumstances, the court considers that these individuals must be placed into custody for a period of three months”.
9.  On 28 April 2014 the Kemerovo Regional Court returned the case to the prosecutor so that certain procedural defects could be remedied. It also extended the applicant’s and other defendants’ detention for a further three months, referring mainly to the gravity of the charges but also to the wording of the Supreme Court’s decision of 11 February 2014. In so far as the applicant sought to rely on the Government’s admission of a violation, the Regional Court held as follows:
“The defendant A. L. Zavorin filed an application for release on an undertaking to appear and to be of good conduct, relying on the fact that his prolonged detention in the present proceedings was deemed to be unjustified in the framework of the proceedings on his application before the European Court of Human Rights and that the [Russian] Government offered him compensation ... which he refused ...
10.  On 28 July 2014 the senior investigator of the Investigations Committee ordered the applicant’s release, noting that he had spent in custody more than seventy-six months, whereas the Code of Criminal Procedure set the maximum duration of pre-trial detention at eighteen months.
5.  The applicant was born in 1966 and lives in Istanbul.
6.  In a decision of 22 May 2007, which became final on 20 July of that year, the Üsküdar Family Court (Istanbul) authorised the applicant, who was then single, to adopt a child, E., born on 5 November 2003 to Ms S.Ö.
Consequently, under Article 314 §§ 2 and 3 of the Civil Code (no. 4721), “Gözüm” was registered as the surname of E. in the register of births and on the child’s identity documents. However, the registrar refused to indicate the applicant’s forename under the heading “mother”, where the name “S.” was retained, this being the forename of the child’s biological mother.
7.  On 23 November 2007 the applicant applied to Üsküdar District Court seeking the replacement of the forename “S.” by her own. In her view, the fact that her forename had not been given as that of the mother of her adopted son was both discriminatory and unconstitutional, likely to undermine their personal, family and social development, and thus constituting a violation of, among other provisions, Articles 8 and 14 of the Convention. She argued that in relation to single-parent adoptions there was a lacuna in the Civil Code which required the court to make provision for such a situation of its own motion, pursuant to Article 1 of that Code or, failing that, to request a preliminary ruling of the Constitutional Court.
8.  On 26 February 2008 the court dismissed the applicant’s request on the ground that it had no legal basis. It found that the Civil Code, in choosing to regulate only two-parent adoptions – those granted to a couple jointly –, intended to treat the legal relationship between the adoptive parents and the adopted child as “a biological relationship”, which was not possible in the case of single-parent adoptions, where either a mother or a father was absent. Thus the legal situation obtaining in the present case could not be regarded as unconstitutional.
On 14 April 2008 the applicant appealed on points of law.
9.  On 15 March 2009, when those proceedings were still pending, a new regulation entered into force entitled “Regulation on the implementation of mediation services for the adoption of minors” (“the Regulation”), enabling a single adoptive parent to have his or her forename registered in the place of that of the biological parent ...
10.  On 5 November 2009 the Court of Cassation upheld the decision of the court below in a judgment which made no mention of the legislative reform.
11.  On 14 December 2009 the applicant was notified of that judgment.
12.  On 9 November 2010 she applied to the registry office for the registration of her forename as that of the mother of E., relying on Article 20 § 4 of the new Regulation. That request was granted on the same day and the record entries concerning the child were consequently amended with immediate effect.
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